In this article, auto accident attorney explains that not all victims of automobile accidents necessarily have a legal claim. Philadelphia's 'threshold' requirements for these kind of cases mean that only 'significant injury' claims may be attacked. This short article describes how the law becomes 'severe injuries' arising from motor vehicle collisions injuries.
When you yourself have been injured in a PA auto accident, Philadelphia's No-Fault Law mandates that your accident-related medical expenses, including lost earnings and incidental costs, up to $50,000.00 are paid. These are called your economic damages, but who pays the bills when they exceed $50,000.00? Who is going to support you and your family if you are never able to work again as a result of your injuries? Additionally, who pays for your non-economic damages? For case, who's going to cover you for your disability and discomfort and suffering experienced since the accident?
Philadelphia's Insurance Law requires that you experience a 'serious injury' before filing a suit in connection with an automobile crash to retrieve these extra injuries. If you do not suffer a 'serious injury,' regardless of how much pain and suffering you experience, you can't bring a personal injury suit to recover for your non-economic damages.
Therefore, how do you know if you have experienced a 'serious injury'? In other words, Philadelphia has particularly defined the term, and your injury must fall within its definition. While this may seem unfair, it's nonetheless true. It is crucial to determine what constitutes a 'severe injury.' In New York, a 'severe injury' suggests a personal injury which leads to one of the following:
1. Death;
2. Dismemberment;
3. Major disfigurement;
4. A fracture;
5. Loss in a fetus;
6. Permanent loss of use of a human body organ, member, function or system;
7. Lasting resulting issue useful of a human body organ or member;
8. Major restriction useful of a body function or system; or
9. A medically determined injury or impairment of a non-permanent nature which prevents the injured person from doing substantially all of the material acts which constitute such person's usual and customary daily activities for not less than ninety days during the a hundred eighty days immediately following the event of the injury or impairment.
More information would be found on this article.
As you can easily see from the list above, a few of the 'severe injuries]' mentioned are obscure. For example, what is considered 'significant disfigurement'? Is a scar adequate? Think about a scar that's not readily apparent or hidden beneath clothing? Are all burns 'significant disfigurement'? To visit yet another group, above, in case you break the cartilage in your nose, is the fact that a 'crack' under the definition of 'serious injury'? Does a fracture include a chipped tooth or chipped teeth? Because of this language, you are able to see why this whole area of law is a greatly litigated area. There are literally thousands of Philadelphia legitimate opinions addressing these dilemmas. You'd do well to check with a car accident injury attorney experienced in handling these kind of claims, when injured in a car accident, after getting the medical care you require. An experienced and skilled attorney often means the difference between being limited to 'No-fault' benefits and having a court notice that you have sustained a 'significant injury' warranting a test.
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